High Court Of ChhattisgarhMCRC/6676/2018allowed

Amit Kumar Soni v. State Of Chhattisgarh

2018-10-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6676 of 2018 • Amit Kumar Soni S/o Santosh Kumar Soni Aged About 30 Years R/o Nayapara Ward No.13, Bemetaram, District Bemetara, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The District Magistrate Bemetara, Chhattisgarh ---- Respondent For Applicant :

Shri B.P. Sharma, Advocate For Respondent/State :

Shri D.R. Minj, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/10/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 19.06.2018 in connection with Crime No.479/16 registered at Police Station Bemetara, Bemetara (CG) for the offence punishable under Section 420 IPC.

2. As per the prosecution case, a report was lodged by Neeleshwar Kurre on 04.09.2016 that the present applicant with a promise to provide job in railways has taken money on 11.06.2013, however, no job was provided, consequently the report was made.

3. Learned counsel for the applicant submits that it is a case of money transaction. As per the agreement the applicant has obtained money and the cheque was

given, however, in order to recover the amount this nature of report is made. He referred to the agreement and the cheque and submits that under the circumstances the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that in the like nature the present applicant has cheated the other persons namely Neelendra Banjare and Mohar Das.

5. Perused the charge-sheet and documents as also the various agreements and the copy of the cheque. Considering the same and the facts of this case and also taking into that the incident is said to be of the year 2013 and the applicant is in jail since 19.06.2018 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Goutam Bhaduri Judge Ashu